Data Protection penalties issued by the ICO

Recruitment company hit as, for the first time, the Information Commissioner’s Office (ICO) exercises new powers to serve penalties for serious data protection breaches. We reported earlier this year that the enforcement powers of the ICO had been extended. The new powers allow the ICO to issue a penalty notice up to the value of […]

ARC welcomes government plan to end “gold-plating”

The Association of Recruitment Consultancies (ARC) welcomes the Government’s commitment to end “gold plating” announced by the Business Secretary Vince Cable on 15th December. Adrian Marlowe, Chairman of the ARC commented “This is a very welcome move by the Government. No one is asking for favours, all that is needed is for the Government to help […]

The ARC to work with BIS on AWR guidance

The Association of Recruitment Consultancies (ARC) has reported that it has been invited by the Department of BIS to work with it on drafting promised guidance for the Agency Workers Regulations. The Department has indicated that it plans to issue guidance as soon as possible on the Regulations that are due to apply from October […]

Government plans to tax EBTs

The announcement made this week states that a new Finance Bill will introduce the measures in April 2011. The draft rules include anti-forestalling measures to stop upfront payments or arrangements being made from 9th December and before the legislation takes effect. According to the Treasury, the legislation will “ensure that where a third party makes […]

Advising an employee of summary dismissal

A recent case has reminded employers that when they are communicating a decision to dismiss an employee for gross misconduct without notice, the best course of action is to inform them of that decision in a face-to-face meeting and hand them a letter confirming the decision there and then. If an employer has to communicate […]

Agency worker not an employee

The Court of Appeal has decided that Mr Tilson, who was employed by an umbrella company and provided services via an agency to the end hirer (Alstom), was not an employee of Alstom. Mr Tilson was trying to bring a claim of unfair dismissal against Alstom. This case is particularly interesting because there were elements […]

ARC welcomes positive EAS annual report outcome

Referring to the publication by the Department of BIS on 25th November of its Employment Agency Standards (EAS) 2009-2010 Annual Report the Association of Recruitment Consultancies (ARC) pointed to the largely positive results. Although the number of complaints is up by 9%, the report nevertheless shows an improving position. The number of inspections in high […]

Conduct Regulations (Amendment) 2010

This note is intended to clarify the recent amendments that have been made to the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the Regulations”). The 2010 amendments came into force on 1 October, and reduced many of the administrative burdens on Employment Agencies, who introduce candidates for direct hire by clients. The changes […]

The Swedish Derogation is flawed, claims Lawspeed

Many agencies are actively considering how best to approach the Agency Workers Regulations 2010, which provide agency workers with the rights to equal pay and other rights from October 2011. One option is to use R.10, the so called Swedish Derogation, but the rules are flawed, says the recruitment law specialist Lawspeed. The rules provide […]

Using Social Media – German ban

The German Federal Cabinet is currently proposing to pass a law which will amongst other things prohibit employers from using social networking sites to find out about prospective employees. But how often do you search the internet to find out more about prospective staff and their social lives and is this something that could come […]

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